RAMASWAMI, J. :- This appeal is preferred by the State against the acquittal of accused 4 and the convictions of accused 1 to 3 under S. 304 (Part II) instead of under S. 302 I.P.C., in Sessions Case No. 132 of 1957 on the file of the Sessions Division, Salem.

2. The facts of this case are within a brief compass. There have been ill-feelings between the four accused persons and the deceased Naina Goundan. Accused 1 to 3 are the sons of accused 4. The deceased Naina Goundan had purchased lands which originally belonged to accused 4. The accused were pressing this Naina Goundan to give back two acres of land. The deceased was refusing. The accused therefore bitterly hated the deceased.

3. On 8-9-1957 at about 9-30 A.M. according to the prosecution the deceased Naina Goundan was ploughing his lands. The four accused then came there and obstructed the old man from ploughing. They were insisting that he should give them back two acres of land. On Naina Goundan persisting in ploughing, accused 1 to 4, who were armed with bamboo stick and big portia sticks, fell upon him and belaboured him. Naina Goundan raised an alarm. In addition to Naina Goundan crying out, his grandson, P.W. 5